FAR 12 vs. FAR 8
Posted 26 March 2012 - 06:36 AM
FAR Part 12 is for Acquisition of Commercial Items. I get that I am buying commerical items, but 12 also includes commercial item clauses for open market purchases which GSA is not. Along with bulk buying, It is also my understanding that part of the reasons we get aggressive rates from GSA is that ordering procedures are simple and should not cause vendors undo work to place an order. Using 12 with 8 seems to make the ordering process a little more involved.
I feel using 12 with 8, at the least, is inappropriate is there a silver bullet that tells us 8 stands alone for GSA/FSS purchases?
Posted 26 March 2012 - 07:46 AM
Posted 26 March 2012 - 08:19 AM
Posted 26 March 2012 - 08:47 AM
I would ask the same question, what in FAR 52.212-1 does your colleague want? The purpose of GSA is to make commercial items available Government wide to purchase in a streamlined set of procedures. As with anything the FAR is silent on, I would use your best judgement given the specific acquisition you have.
Posted 26 March 2012 - 09:16 AM
Think of it this way, if you had a regular IDIQ your efforts under it would be under the basic guidelines of the FAR but any order issued is not under FAR 12, 13, 14 or 15 it is under the terms and conditions of the IDIQ contract. Your solicitation effort for an order, your evaluation (normally fair opportunity), etc. follow the rules set by the parent contract.
Now comparing to a FSS contract some of the rules for using have been codified in the CFR as FAR Part 8 so that agencies follow the same basic processes. So for FSS it is FAR Part 8, and the parent FSS contract that dictate your efforts. There is no FAR 12, 13, 14, or 15.
Posted 26 March 2012 - 09:30 AM
By example if you went here to look at contractors for Temporary Services – Temporary Staffing, Category 736
you would see a big box that says “Federal Buyers View Contract Clauses”. Once you click on the box you are taken to a list of all contractors under 736. Across the top the headings for the listed contractors are “Contractor” and “Clauses”. If you click on the “View” and/or “Exceptions” for each contractor in the “Clauses” column you will see the clauses in each of their individual FSS contracts.
And yes FAR 52.212-1 is in the couple of contracts I quickly looked at. Can not guarantee it is in all but my bet is that it is.
Posted 26 March 2012 - 10:12 AM
Is there a benefit to using 12 with 8 for routine GSA/FSS orders?
Posted 26 March 2012 - 11:08 AM
Solicit and place the order using FAR Part 8 and GSA instructions on how to use FSS found here –
Note - Some links on this site donot work. I suspect GSA is updating based on recent revisions to the FAR.
Posted 26 March 2012 - 01:49 PM
In making a GSA purchase is there authorization we must use FAR Part 12 along with FAR Part 8 for a GSA purchase? I feel using 12 with 8, at the least, is inappropriate is there a silver bullet that tells us 8 stands alone for GSA/FSS purchases? Thanks
Those are the two questions that you asked.
Answer 1 = No.
Answer 2 = Yes. 8.404, 8.405, 8.405-1, 8.405-2.
To get into the weeds. I would revisit FAR 12.102( b ) and 12.203. You use Part 13, 14, or 15 in conjuction with Part 12 (because Part 12 does not have any) for policies and procedures for solicitation, evaluation, and award. FAR Part 8 has its own policies and procedures for solicitation, evaluation, and award. 8.405 tells you how to place FSS orders. That is why you do not use procedures from Parts 13, 14, or 15 in Part 8. As C Culham has already stated, you are placing an order against an existing contract.
Posted 17 April 2012 - 10:18 AM
Posted 20 April 2012 - 12:20 PM
I've always had a problem with the FSS contracts in so far that when the solicitation is amended, the contracts are mass modified to reflect the deleted, added and changed clauses. However, the solicitation and resultant mass modification happens every so often; therefore, the contracts tend to lag behind the current FAR. With that said, wouldn't it behoove the OCO to review the current solicitation and contract and add the current FAR clauses into it even if that means adding the current 52.212-4 in the task order solicitation? Also, there are times when the FSS contract does not contain every clause that is applicable to the OCO's procurement (data rights, options, DFARs, etc.).
You are correct that GSA Schedule contracts will lag when it comes to new clauses (as do most IDIQ-type contracts). The current policy is that the Schedule contracts be refreshed at least semi-annually.
In regards to the second part of your question, an ordering activity may add any clause to their RFQ and resultant DO/TO as long as it does not conflict with clauses already in the Schedule contract. This makes it easy for DoD agencies to add the DFARS clauses where needed, as an example.
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